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DE ZAVALA v. ASHCROFT

No. 03-60873.

385 F.3d 879 (2004)

Maria Del Carmen Barrera DE ZAVALA, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

September 21, 2004.

Attorney(s) appearing for the Case

Lisa S. Brodyaga (argued), Refugio de Rio Grande, San Benito, TX, for Petitioner.

Kurt Barrett Larson, David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, Civ. Div., Imm. Lit., Washington, DC, E. M. Trominski, Dist. Dir., U.S. INS, Dist. Directors Office, Harlingen, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, Barry Joseph Pettinato (argued), U.S. Dept. of Justice, Dept. of Homeland Sec., Washington, DC, for Respondent.

Before SMITH, WIENER, and PICKERING, Circuit Judges.

WIENER, Circuit Judge:

Petitioner Maria del Carmen Barrera DeZavala, a native and citizen of Mexico, petitions for review of a final order of the Board of Immigration Appeals ("BIA") dismissing her appeal and denying her motion to remand based on new evidence. DeZavala asserts that the BIA violated her due process rights in finding her deportable under an Order to Show Cause ("OSC") that incorrectly stated the basis for her...

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